My answer: impeachment. And reestablish control over the immigration bureaucracy by abolishing the Executive Office for Immigration Review (EOIR).

It is unquestionable the Constitution grants authority over immigration policy to Congress. Article I, Section 8, Clause 4 of the Constitution gives authority over immigration to Congress via legislation. No judge may challenge this authority. To do so is usurpation of the powers of another branch of government. Furthermore, Congress has specifically stated in legislation, specifically Title 8 United States Code, Section 1252, Judicial Review, that judges may not review findings of the Executive Branch in the removability of an alien.

The Supreme Court’s restoration of refugees restriction is in line with the Constitution, but its approval of Watson’s expansion of the “family member” category is judge-made law, essentially allowing all refugees who can create any kind of tenuous connection with someone already here to enter the country. [Supreme Court allows Trump refugee ban but backs broader exemptions for relatives, by Robert Barnes, Washington Post, July 19, 2017]

Kritarch Derrick Kahala Watson

And Kritarch Watson is not alone in declaring his right to decree immigration policy unilaterally.

In a case earlier this month, United States District Judge Mark Goldsmith (an Obama appointee) bluntly declared his fuzzy feelings about Iraqis overruled the Constitution itself and halted the deportation of hundreds of illegal immigrants from Iraq.

In a case resounding with major implications for big separation-of-powers questions, District Judge Mark A. Goldsmith said federal courts have the power to provide a final appeal in immigration cases, even though Congress had tried to limit their powers and give the executive branch full control of deportations.

Judge Goldsmith overruled Congress and said he had to step in to save the Iraqis from immediate deportation, saying otherwise they risked “death, torture or other grave persecution” back home.

“Under the law, the federal district courts are generally the ‘first responders’ when rights guaranteed by the Constitution require protection,” the judge wrote. “In fulfillment of that mission, this Court concludes that it has jurisdiction in this case to preserve the fundamental right of habeas corpus and the duty to do so.”

This Open Borders propaganda from The Baltimore Sun is the sob story of two illegals:

The immigration arrests of a barber and a small business owner in February galvanized many in Baltimore’s Highlandtown neighborhood…

Protesters hit the streets. Lawyers snapped into action. Nervous friends and family took to prayer.

Today, after advocacy lawyers succeeded in arguing their cases before immigration judges, both men have been released from the Frederick County Detention Center and reunited with their friends and family.

“They could have easily been removed from the country, but they have viable cases,” said Michelle N. Mendez, a senior attorney at the Catholic Legal Immigration Network who represented both men. “This is why we shouldn’t be doing these fast-tracked deportations. If the person has access to competent counsel, it makes a big difference.”

But these two illegal aliens had already had their days in court before. As the Baltimore Sun article itself admits, ICE said one was a prior deportee and the other had an outstanding deportation order.

The agents accused Rodriguez of “illegally re-entering the United States after a previous deportation” and Paucar of being an “immigration fugitive with a final order of removal” issued more than a decade ago.

So these illegal aliens arrogantly ignored the hearings and the findings. Then, as is arguably intended by the EOIR, lawyers and immigration judges conspire to simply disregard the laws they don’t like and declare that illegals can ignore deportation orders

But these “immigration judges” are not really “judges”—they are federal bureaucrats, employees of the Department of Justice under Attorney General Jeff Sessions. He should correct or remove the IJs in question and see that immigration laws are enforced against the illegals in question.

The EOIR is designed to fail, as the legal process for deportation continues until the illegal alien wins–as Michelle Malkin (quoting VDARE.com’s Juan Mann) once put it).

Ultimately, the solution must come from President Trump and Congress. The EOIR must be abolished and replaced with a policy of summary removal. Judges, like Goldsmith and Watson, who claim the right to set our immigration policy must be impeached.

Otherwise, our politicians should just admit they have outsourced government to judges and bureaucrats.

The blogger Federale (Emailhim)is a 4th generation Californian and a veteran of federal law enforcement, including service in the legacy Immigration and Naturalization Service, the Department of Homeland Security, and other federal law enforcement agencies.

Federale`s opinions do not represent those of the Department of Homeland Security or the federal government, and are an exercise of rights protected by the 1st Amendment to the Constitution of the United States.